Renting an Illegal Unit

October 1, 2018

What is an illegal, unwarranted, non-conforming, or unpermitted unit? Illegal units are dwellings that do not have the required Certificate of Occupancy, which is a document that certifies that a residential building complies with all state and local building codes and is safe to live in. An illegal unit is also sometimes referred to as […] Read More

Landlords’ Duty To Prevent Crime

September 12, 2018

Landlords have a duty to take reasonable measures to protect their tenants from foreseeable crime on their properties. Landlords have a duty to take reasonable steps to protect tenants from the foreseeable criminal acts of another. CAL. CIV. CODE § 1714. Criminal acts can include conduct such as assault, battery, robbery, murder, rape, drug abuse, […] Read More

Richmond Rent Control

August 16, 2018

The City of Richmond has a rent increase limitation ordinance (“Richmond Rent Control”), which caps the annual amount a landlord can increase rent, and a just cause eviction ordinance (“Richmond Eviction Control”), which protects tenants from eviction absent one of the enumerated just causes for eviction. RICHMOND, CAL., MUN. CODE. art. XI, § 11.100 et […] Read More

Noise Complaints: What can a Tenant do About Excessive and Continuous Noise Distrubances

August 13, 2018

Are tenants entitled to live in an apartment free from constant loud noise? Excessive continuous noise can impact a person’s health and well-being. Implied in all California leases is a covenant of “quiet enjoyment”. CAL. CIV. CODE § 1927. Landlords have a duty to ensure that tenants can peaceful possess their rental unit free of […] Read More

Neighbor Disputes: What you can do to Stop Your Neighbor’s Nuisance

August 10, 2018

Is your neighbor a nuisance or merely annoying? A nuisance is “anything which is injurious to health, including but not limited to the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life […] Read More

Possible Rent Control Expansion Sets Off Debates in Bay Area

August 1, 2018

“If California voters approve Proposition 10 this fall, they won’t be ending the debate over how to address the state’s soaring rents. In fact, by repealing the Costa-Hawkins Rental Housing Act, voters will spark a multitude of intense housing deliberations at the local level.”” “California’s Supreme Court has held that rent control laws must allow […] Read More

Oakland Has Placed a Moratorium on “Substantial Rehabilitation” Rent Ordinance Exemption Applications

July 23, 2018

Oakland recently placed a moratorium on a landlord’s ability to apply for an exemption from the Oakland Rent Adjustment Ordinance based on a “substantial rehabilitation” of a rental property. While the moratorium will remain in effect until October 21, 2018, because it was not made retroactive, landlords are continuing to pursue approval of their previously […] Read More

San Jose Rent Control

July 13, 2018

The City of san Jose Apartment Rent Ordinance and Tenant Protection Ordinance The City of San Jose has enacted the Apartment Rent Ordinance, which prevents excessive and unreasonable rent increases, and the Tenant Protection Ordinance, which protects certain tenants from eviction absent one of several enumerated just causes. These ordinances only apply to certain residential […] Read More

Supervisor Moves to strengthen renter protections in San Francisco

July 10, 2018

“A loophole in San Francisco’s eviction-control laws: Landlords and building owners can circumvent eviction protections on single-family homes and rented condominiums by jacking the rent up far above market rate, with the intent of making the residence unaffordable for the tenants. District Nine Supervisor Hillary Ronen plans to introduce legislation Tuesday aiming to shut that […] Read More

Wear and Tear and Security Deposits Under California Law

July 6, 2018

Many landlords and tenants struggle with how to define “ordinary or normal wear and tear” with respect to security deposits. Most disputes over security deposits come down to what constitutes normal wear and tear. When a tenant moves out of a unit, the landlord may deduct from a tenant’s security deposit to repair damage to […] Read More